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UNITED STATES v. HAWTHORN MANUFACTURING COMPANY

No. 10629.

211 F.Supp. 222 (1962)

The UNITED STATES of America, Plaintiff, v. The HAWTHORN MANUFACTURING COMPANY, Defendant, American Surety Company of New York, Defendant, and Third-Party Plaintiff, Fred N. PIERSON, Third-Party Defendant.

United States District Court W. D. Missouri, W. D.

January 30, 1962.

Attorney(s) appearing for the Case

Edward L. Scheufler, U. S. Atty., for plaintiff.

Clifford B. Kimberly, Kansas City, Mo., for American Surety Co. of New York.

R. Carter Tucker, of Tucker, Murphy, Wilson, Lane & Kelly, Kansas City, Mo., for defendant and third-party plaintiff.

Fred N. Pierson, Kansas City, Mo., for third-party defendant.

DUNCAN, District Judge.

In October, 1956, plaintiff instituted this suit against the defendants Hawthorn Manufacturing Company and American Surety Company, to recover the sum of $29,259.64 for breach of contract entered into by the Hawthorn Manufacturing Company to supply the Army Air Force with certain materials which will hereafter be described.

The contract was entered into on August 31, 1949, and under the terms thereof, the defendant Hawthorn Manufacturing...

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